2001: Human rights ignored?<\/p>\n
Todung Mulya Lubis, Lawyer, Jakarta<\/p>\n
This year was the beginning of a new century, the beginning of
\nMegawati's government. The public held high hopes that 2001 would
\nmark the beginning of a new awakening in the economy, law,
\npolitics and human rights. Sadly, we have not seen any clear
\nsigns that such an awakening is about to commence.<\/p>\n
On the contrary, we see symptoms that there will be no basic
\nchanges in the management of our nation, which is the return of
\nthe centralized role of the state and the strengthening of
\npolitical stability.<\/p>\n
There has been strong resistance from the regions who want a
\nbigger role, which is partly a result of the success of Law No.
\n22\/1999 on regional autonomy. We all know that the central
\ngovernment not only possesses authority on some policies, such as
\nforeign, security, justice and several other policies, but we
\nmust remain alert to campaigns to revise Law No. 22\/1999, which
\ncould substantially reduce the previously expanded regional
\nautonomy.<\/p>\n
In relation to the central government's authority in politics,
\nsecurity and justice, we shall talk about human rights.<\/p>\n
What has been done in the field of human rights? It seems
\nthat the year 2001 has not given us any achievement in human
\nrights that we can record. Just look at the human rights
\nviolations in Aceh, East Timor, Papua, Maluku, Poso, Sampit,
\nTrisakti, Semanggi, Tanjung Priok, all of which have not been
\nseriously handled.<\/p>\n
This shows that the wounds and sufferings of the victims have
\nnever been attended to. This indicates that a sense of justice
\nhas been continuously neglected, even though the solving of human
\nrights cases could provide basic capital for Megawati's
\ngovernment in rebuilding the nation's sense of unity. Trust
\ntoward the government can be established if these human rights
\nviolators are brought to court. Unfortunately, the Megawati
\ngovernment cares more about the political elite, because it
\nbelieves that political support for the government will come from
\nthe elite, especially those holding political leadership
\npositions. Unfortunately, the Megawati government cares more
\nabout its good relations with the military and the police,
\nbecause it worries that bringing the human rights violators from
\nthe military and the police to justice will weaken the country.
\nThe Megawati government will have to pay very dearly for this
\nerroneous political calculation and assumption, because what is
\ncorrect is that support for Megawati's government will actually
\ncome from the public, who will respect the government's firm
\nattitude if human rights violators are brought to trial.<\/p>\n
I do not wish to be too hard on Megawati's government, as it
\nfaces so many challenges on all fronts. Neither do I want to deny
\nthat there will be an adhoc human rights trial for the East Timor
\ncase, but we must honestly admit that this adhoc trial originates
\nfrom the days of Abdurrahman Wahid's government. Next, we can
\nalso say that Law No. 26\/2000 on human rights trials is the
\nproduct of Abdurrachman Wahid's government, and prior to that,
\nLaw No. 39\/1999 on human rights is a legacy of Habibie's
\ngovernment. So what has Megawati's government done?<\/p>\n
If we cast our minds back to the past, we can remember the
\nidea of the Truth and Reconciliation Commission, which will be an
\nintegral part of a comprehensive solution of human rights
\nviolations. The proposition was first aired during the days of
\nAbdurrahman Wahid's government, but it was discontinued. We need
\nthe existence of the commission to heal the deep wounds of the
\npast that cover the entire country.<\/p>\n
We still notice the differing opinions on the true nature of
\nthe Truth and Reconciliation Commission, whether it will be
\noriented toward \"distributive justice\" or \"restorative justice\".
\nHowever, we should search for a meeting point of the differences.
\nWhat we do not see today are the efforts of Megawati's
\ngovernment. The silence of her government on this commission
\nsignals that it does not have a clear concept on settling cases
\nof human rights violations. At the same time it could be said
\nthat Megawati's government has taken an attitude that appears to
\ntake little note of history. Just look at South Africa, which
\nstarted its new government by comprehensively settling the cases
\nof human rights violations caused by the apartheid system. We
\ncertainly do not have to photocopy South Africa's model, but we
\nshould learn from that experience in order to reunite this nation
\nand to heal past wounds.<\/p>\n
When Cory Aquino became the president of the Philippines,
\nreplacing Ferdinand Marcos, her first order was to ratify
\ninternational rights instruments so that today the Philippines is
\nthe nation among the Association of Southeast Asian Nations
\n(ASEAN) that has the most extensive legislation of national human
\nrights. It has ratified almost all basic instruments on human
\nrights of the United Nations, such as the Covenant on Civil and
\nPolitical Rights and Covenant on Economic, Social and Cultural
\nRights, all of which are now part of the law of the land.<\/p>\n
It is a pity that we do not see any positive signals from the
\nMegawati government in relation to our joining an international
\ncommunity that respects human dignity and values.<\/p>\n
One day during a human rights class at the University of
\nCalifornia, Berkeley law school, my lecturer, Frank Newmann,
\nasked \"What is U.S.'s human rights policy?\" He did not wait for
\nan answer. He said that U.S. human rights policy is no policy.<\/p>\n
Professor Frank Newmann's question and answer could be
\nrelevant to the situation in Indonesia today. The answer to \"What
\nis Indonesia's human rights policy?\" could probably be the same
\n\"Indonesia's human rights policy is no policy\".<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/2001-human-rights-ignored-1447893297",
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